Question
Your client,Chae Yue Ping, was born on the mainland of China.By profession, he is an environmental expert who is very talented.Recently he received an offer
Your client,Chae Yue Ping, was born on the mainland of China.By profession, he is an environmental expert who is very talented.Recently he received an offer to work for a major United States company specializing in environmental matters.In May, 2020,he entered the United States as a lawful permanent resident under the second employmentbased preference.When he entered the United States, he brought with him his spouse and his children.
Mr. Ping's oldest daughter,Yuo Ming, however, decided to remain in her homeland when the rest of the family moved to the United States.She was not alone, however, since other members of her extended family lived close by in the Shanghai area.Furthermore, she had just begun her studies at the University and was looking forward to spending time in college with her friends.As her graduation day approached, however, she had second thoughts about remaining in China.As it turns out, several of her closest college friends had already relocated to the United States.Yuo Ming did not want to be left behind.
Yuo Ming then contacted her parents in the U.S. to discuss her change of plans.Her father thought she was still eligible to travel to the United States on his visa, even though several years had passed.To be on the safe side, he called your office with whom he had worked when his family first came to the United States.You noted that Yuo Ming was fast approaching her 21stbirthday which might affect her eligibility for entry into the United States.You would need to conduct additional research on the issue.
In light of these facts, please answer the following questions:
(1)Is Yuo Ming eligible to enter the United States based on her Father's visa?
(2)In light of Section 203(h) of the INA, the Child Status Protection Act,is Yuo Ming eligible to enter the United States when she turns 21 years of age?
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